CARA Strengthens Adoption Regulations to Protect Children’s Identity
The Central Adoption Resource Authority (CARA), a statutory body established under India’s Ministry of Women and Child Development, has recently issued three crucial Office Memorandums to all State Adoption Resource Agencies (SARAs) across States and Union Territories. This initiative aims to enhance compliance with adoption procedures, safeguard the records of adoptees, and ensure the strict protection of children’s identities.
These directives are issued in line with the Juvenile Justice (Care and Protection of Children) Act, 2015, as amended in 2021, and the Adoption Regulations, 2022. The primary goal of adoption under this Act is to secure the right to a family for children who are orphaned, abandoned, or surrendered, as outlined in Section 56(1) of the Act.
Mandatory Compliance for Adoption Procedures
In the first Office Memorandum, CARA stressed the vital need for adherence to statutory procedures and timelines before a child can be legally declared free for adoption. The Authority emphasized that no orphan or abandoned child should be declared legally free for adoption without completing crucial inquiries, tracing biological parents, and making restoration efforts, all within the mandated timeframe. For surrendered children, there is a mandatory two-month reconsideration period that must be observed before granting legal freedom for adoption.
Safekeeping of Child Records
The second Office Memorandum clarifies policies regarding the safekeeping, maintenance, and transfer of records pertaining to children and adoptees. This decision has been made in response to the challenges faced by adult adoptees seeking information about their origins through root search processes. Instances have been noted where records are unavailable due to the closure, deregistration, or merging of Specialized Adoption Agencies (SAAs) or Child Care Institutions (CCIs).
CARA has reiterated that the obligation to maintain and protect records remains, regardless of the operational status of these institutions. All States and Union Territories are urged to securely preserve both physical and digital records and transfer them to the designated authority or institution, ensuring arrangements for their long-term safekeeping. CARA has made it clear that records must not be destroyed or made inaccessible outside the parameters established by law, in alignment with Section 99 of the Act, which mandates confidentiality regarding children’s reports and records.
Protecting Children’s Identities
In the third Office Memorandum, CARA instructed all States and UTs to ensure strict compliance with Section 74 of the Juvenile Justice Act, which forbids the disclosure of identities of children who are in conflict with the law or in need of care and protection. States are required to issue guidelines to all relevant institutions and officials to prevent the sharing of photographs, videos, or identifying details of children residing in SAAs or CCIs across any forms of communication, including social media.
Additionally, States have been advised to take appropriate actions in response to any violations and to increase awareness among officials and staff regarding confidentiality obligations and penalties under Section 74(3) of the Act. Through these initiatives, CARA aims to bolster transparency, accountability, and child protection within the adoption system while safeguarding the rights and dignity of children and adoptees throughout the country.
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